In today's ruling, the Ninth Circuit reverses a federal district court's order suppressing all evidence reflecting statements by the former Chief Financial Officer of Broadcom Corp. to attorneys from Irell & Manella, Broadcom's outside counsel, regarding stock option granting practices at Broadcom. The appeal arises in a criminal case against the CFO for his involvement in an alleged backdating scheme that ultimately resulted in Broadcom's restatement of its earnings to account for approximately $2.2 billion in additional stock-based compensation expenses.Posted at 03:05 PM by Howard Bashman

"Responding to the Growing Need for Federal Judgeships: The Federal Judgeship Act of 2009." Senate Judiciary Committee's Subcommittee on Administrative Oversight and the Courts has just begun holding a hearing on this topic. You can view a live webcast of the hearing by clicking here.

"Supreme Court to hear new firefighter discrimination case; The justices will decide how much time plaintiffs have to file a lawsuit when they believe they've been unfairly penalized by hiring tests": David G. Savage of The Los Angeles Times has this news update.Posted at 02:37 PM by Howard Bashman"Judge's order to release Kuwaiti detainee puts Obama in a bind": Carol Rosenberg has this article today in The Miami Herald.Posted at 02:33 PM by Howard Bashman"Supreme Court takes gun case that will test reach of 2nd Amendment; The justices' ruling on whether state and local laws are subject to the 2nd Amendment could open the door to legal challenges nationwide; The ruling on a Chicago handgun ban is expected by summer": David G. Savage of The Los Angeles Times has this news update.

"Rather's CBS Suit Dismissed": Today in The New York Times, Bill Carter has an article that begins, "Dan Rather's expensive attempt at vindication against his former employer CBS was repudiated Tuesday by the appellate division of New York State Supreme Court, which ruled unanimously to dismiss the $70 million lawsuit he had brought against the network in 2007."

"Public-prayer battle lines drawn in Lodi": The Sacramento Bee today contains a front page article that begins, "Lodi is just a small city in the heart of California's Central Valley. But tonight, it takes center stage for one of the nation's hottest issues. The question is: Should the City Council allow invocations that call on Jesus at its public meetings?"Posted at 09:12 AM by Howard Bashman"Supreme Court sets date for former legislator's appeal; Juneau Republican says statute doesn't apply in case": Today's edition of The Anchorage Daily News contains an article that begins, "The U.S. Supreme Court has set Dec. 8 as the date for oral arguments in the appeal of former Rep. Bruce Weyhrauch, who is seeking to reinstate a court order that sharply limited the federal government's mail fraud case against him."Posted at 09:05 AM by Howard Bashman"Retired Officers Rally to Close Gitmo": Evan Perez has this article today in The Wall Street Journal.

"Justice asks high court to OK labor board rulings": The Associated Press has a report that begins, "The Justice Department on Tuesday asked the Supreme Court to let a federal labor board continue working even though three of its five seats are vacant."Posted at 07:54 PM by Howard Bashman"Kaine does not anticipate stay for Beltway sniper": The Richmond Times-Dispatch has a news update that begins, "Virginia Gov. Timothy M. Kaine said today that he has not yet received a petition seeking clemency for convicted Beltway sniper John Allen Muhammad and has seen no evidence that would suggest he should receive a stay of execution."

"Provocative docket raises hackles over animals, religion": Online at the First Amendment Center, Tony Mauro has a news analysis that begins, "Fighting for the First Amendment often makes for odd bedfellows. In pending cases for the coming Supreme Court term, free-speech advocates find themselves on the side of corporations seeking to influence elections, creators of videos depicting animal cruelty and, oh, yes, bankruptcy lawyers. All in a day's work."Posted at 02:37 PM by Howard Bashman"The Supreme Court's New Portrait": Kate Phillips has this post at "The Caucus" blog of The New York Times.Posted at 02:00 PM by Howard Bashman"Cross Dispute Takes Attorney on an Unexpected Journey": In yesterday's edition of The Daily Journal of California, Lawrence Hurley had an article that begins, "When Los Angeles-based American Civil Liberties Union lawyer Peter J. Eliasberg first heard about a controversial cross erected on federal land, it didn't seem like a case that would end up at the U.S. Supreme Court. They never do. But 10 years later, Eliasberg is frantically preparing for his first argument before the high court in an Establishment Clause case that is one of the highlights of the term that begins Oct. 5."Posted at 11:57 AM by Howard Bashman"Appeals court upholds dismissal of vaccine suit": The Associated Press has a report that begins, "A federal appeals court has ruled that members of the military can be required to be vaccinated against anthrax."

"Cases to test time limits on lawsuits; Surgical sponges discovered years after surgery": Yesterday in The Austin American-Statesman, Chuck Lindell had this article about two cases now pending before the Supreme Court of Texas.Posted at 11:24 AM by Howard BashmanSecond Circuit issues opinion explaining why Debevoise & Plimpton LLP will be allowed to serve as counsel to Metropolitan Life Insurance Co. in defending a class action alleging that policyholders were misled and shortchanged in that company's demutualization: You can access today's opinion of the U.S. Court of Appeals for the Second Circuit at this link.

"Free speech vs. animals: The Supreme Court should rule that filmed depictions of animal cruelty are protected under the 1st Amendment." Yesterday's edition of The Los Angeles Times contained this editorial.Posted at 08:20 AM by Howard Bashman"Guantanamo Deadline May Be Missed":This article appears today in The New York Times.

Some recent earlier coverage of the film can be accessed here (from The Philadelphia Inquirer); here (from The New York Times); here (from The Los Angeles Times); and here (from Variety).Posted at 07:58 AM by Howard Bashman

"Pocket Docket: Supreme Court's New Season; Justices Face an Unusually Diverse Caseload; Some Legal Observers Expect the Conservative Bloc to Overrule Past Opinions." Jess Bravin has this article today in The Wall Street Journal.Posted at 07:24 AM by Howard Bashman"Ex-Bush officials face lawsuits over their actions": Mark Sherman of The Associated Press has a report that begins, "High-ranking government officials are usually protected from claims that they violated a person's civil rights. In lawsuits stemming from law enforcement and intelligence efforts after the Sept. 11 attacks, three federal courts have left open the possibility that former Attorney General John Ashcroft and a lieutenant may be held personally liable."Posted at 07:15 AM by Howard Bashman

Monday, September 28, 2009

"A new push to define 'person,' and to outlaw abortion in the process; Some abortion foes think the rationale for Roe vs. Wade is vulnerable; They're trying to amend state constitutions -- including California's -- to define personhood from conception":This article appears today in The Los Angeles Times.Posted at 10:48 PM by Howard Bashman"Supreme Court to consider juvenile 'lifers'; Does life without parole for minors who didn't kill constitute cruel and unusual punishment?" David G. Savage has this article today in The Los Angeles Times.Posted at 10:47 PM by Howard Bashman"Judicial pay disparity drains talent from federal bench; Vacancies are rising as district judges reluctantly resign lifetime appointments to better provide for their families": Carol J. Williams had this article yesterday in The Los Angeles Times.Posted at 10:45 PM by Howard Bashman"Ninth Circuit Law Clerks Get Surprise Visitor": Office of the Circuit Executive of the U.S. Court of Appeals for the Ninth Circuit has posted online this item.Posted at 08:57 PM by Howard Bashman"Dressed in pinstripes, Supreme Court justice Sonia Sotomayor achieves another major first": The Newark (N.J.) Star-Ledger had this report on Saturday evening. The newspaper has also posted related photographs online here and here.

"SJC sharply limits youth curfew law; Bars criminal charge, allows civil penalty": In Saturday's edition of The Boston Globe, Jonathan Saltzman had an article that begins, "The state's highest court yesterday struck down a provision in a Lowell ordinance that made it a crime for children under 17 to violate a curfew, a ruling expected to affect other Massachusetts communities that have adopted or are considering similar local laws."

"Two-tiered justice for terror suspects? The detainees at Guantanamo deserve their day in court." The Los Angeles Times contains this editorial today.Posted at 01:42 PM by Howard Bashman"Illinois Supreme Court: Wills can use religious tests; Jewish family restricted inheritance based on which heir married within their religion."This article appeared yesterday in The Chicago Tribune.

"Carlos Moreno, California high court justice, is raising his profile; The justice's opposition to Proposition 8, a bold move for someone being considered for a seat on the U.S. Supreme Court, may signal a departure from the middle of the road": Maura Dolan has this article today in The Los Angeles Times.

According to the article, "Moreno has declined to be considered for the U.S. 9th Circuit Court of Appeals, an intermediate court where judges have lifetime tenure. He said he would not leave the state's top court for any court except the U.S. Supreme Court."Posted at 01:32 PM by Howard Bashman

Today, however, Google and the bank filed a joint motion stating that the case is now moot and asking the federal district court to vacate the temporary restraining order so that Google could reactivate the email account in question.Posted at 08:42 PM by Howard Bashman

"Government Files Notice of Appeal in Lori Drew Case": Orin Kerr has this post at "The Volokh Conspiracy."Posted at 08:10 PM by Howard Bashman"Vinson & Elkins Snags Elwood for Its Appellate Practice": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."Posted at 03:35 PM by Howard Bashman"US Appeals Court Affirms AstraZeneca Win On Seroquel Patent": Brent Kendall of Dow Jones Newswires has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.Posted at 02:47 PM by Howard Bashman"In Richmond court, Sept. 11 plotter seeks new trial": Frank Green of The Richmond Times-Dispatch has a news update that begins, "Lawyers for convicted Sept. 11 plotter Zacarias Moussaoui were back in a federal appeals court in Richmond again this morning trying to win a new trial."

"Regulator on Fees: Hands Off, Courts; Fund-Industry Reforms Are Questioned." Today's edition of The Wall Street Journal contains an article that begins, "One of the top mutual-fund regulators said Thursday that he is concerned about courts having more say in whether fees are too high. With the Supreme Court due to hear arguments in a fund-fees case on Nov. 2, Securities and Exchange Commissioner Troy Paredes said that if a fee has been negotiated in 'good faith' between a fund's manager and its board, it would be wrong for judges to look for reasons why that fee is too high."Posted at 09:32 AM by Howard Bashman"Preview of Major Business Cases in Supreme Court's 2009-2010 Term": BusinessWeek provides this report.Posted at 09:25 AM by Howard Bashman"Heart of Darkness? Inside the Supremes' new term." Dahlia Lithwick will have this essay in the October 5, 2009 issue of Newsweek.Posted at 09:20 AM by Howard Bashman"Conn. land vacant 4 years after court OK'd seizure": The Associated Press has a report that begins, "Weeds, glass, bricks, pieces of pipe and shingle splinters have replaced the knot of aging homes at the site of the nation's most notorious eminent domain project."Posted at 09:14 AM by Howard Bashman"Sotomayor says Obama's job offer set her heart racing; Newest Supreme Court justice recalls suspense, thrill of big day": Joan Biskupic has this article today in USA Today.

"Lawyer Has No First Amendment Right to Wear Hat in Court, Federal Judge Decides": law.com provides this report.Posted at 08:50 AM by Howard Bashman"White House Regroups on Guantanamo; Counsel Craig Replaced as Point Man on Issue as Deadline for Closing Looms":This front page article appears today in The Washington Post.

"When Sotomayor Got the White House Phone Call": Tonight at "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "In what appears to be her first press interview since becoming a Supreme Court justice, Sonia Sotomayor said she waited for 12 hours to get the Memorial Day phone call from President Obama confirming his plan to appoint her to the Supreme Court."

"Other states watching Ark. lethal injection case": The Associated Press has a report that begins, "An attorney for four Arkansas death row inmates who are challenging the state's lethal injection procedure told a federal appeals court panel Thursday that even with new methods in place, the process can cause pain and suffering."

"9/11 Wrongful-Accusation Suit Settled": Friday's edition of The New York Times will contain an article that begins, "The United States government has paid $250,000 to settle a lawsuit by an Egyptian man who had been wrongly suspected of assisting the 9/11 hijackers with a two-way aviation radio that a security guard claimed was found in the man's hotel room overlooking the World Trade Center."

"Justice Ginsburg hospitalized after feeling faint": The Associated Press has a report that begins, "Supreme Court Justice Ruth Bader Ginsburg was hospitalized Thursday after becoming ill in her office at the court." The AP has also posted online the "Court statement about Justice Ruth Bader Ginsburg."

"Decatur man charged for trying to blow up Springfield federal building": The State Journal-Register of Springfield, Illinois has a news update that begins, "A 29-year-old Decatur man arrested on charges of attempted murder of federal employees and attempting to use explosives to detonate a vehicle bomb at the federal building downtown Springfield had his first court appearance this afternoon at that very building."

"Panel: Blogs, help, don't hinder First Amendment."This article, in which I am both mentioned and photographically depicted, appears online today at The West Virginia Record.Posted at 03:15 PM by Howard Bashman"Ill. high court OKs 'Jews only' inheritance": The Associated Press has a report that begins, "Proud of his religion and worried about its future, Chicago dentist Max Feinberg wrote a will with an unusual catch: His grandchildren wouldn't inherit a penny if they married someone who wasn't Jewish. His decision led to family feuds, lawsuits, countersuits and, on Thursday, an unanimous ruling by the Illinois Supreme Court that Feinberg and his wife were within their rights to disinherit any grandchildren who married outside the faith."

BREAKING NEWS -- "Court overturns WBC judgment" in military funeral protest case: The Topeka Capital-Journal has a news update that begins, "A civil lawsuit won by the father of a fallen Marine against members of the Westboro Baptist Church was overturned by an appeals court in Virginia on Thursday. With that, the $5 million judgement and lien on the church's building and law firm has been dismissed."

"One of four justices honored with stamp is a local Story": The Salem News of Beverly, Massachusetts contains this article today.Posted at 07:45 AM by Howard Bashman"Clarence Thomas to speak at W&L's Lincoln conference":This article appears today in The News Leader of Staunton, Virginia.Posted at 07:44 AM by Howard Bashman"Redskins litigants press Supreme Court action": Indian Country Today provides this report.Posted at 07:42 AM by Howard Bashman"Court to hear challenge to gun show ban": Bay City News has a report that begins, "A long-running challenge to Alameda County's ban on gun shows at the annual county fair in Pleasanton will go before a federal appeals court in San Francisco on Thursday."

"Administration Won't Seek New Detention System": Thursday's edition of The Washington Post will contain an article that begins, "The Obama administration has decided not to seek legislation to establish a new system of preventive detention to hold terrorism suspects and will instead rely on a 2001 congressional resolution authorizing military force against al-Qaeda and the Taliban to continue to detain people indefinitely and without charge, according to administration officials."Posted at 10:32 PM by Howard Bashman"Attorneys seek to have convictions voided in videotaped sex assault; Lawyers say key evidence was excluded in a sensational Orange County case involving a former assistant sheriff's son and two companions": The Los Angeles Times has a news update that begins, "Attorneys for three men convicted in Orange County 4 1/2 years ago of sexually assaulting an apparently unconscious 16-year-old girl while videotaping the incident asked a state appeals court Wednesday to toss out the convictions."

"Law Shielding Cops Faces Court Challenge": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "A Florida man facing a year in jail for the online posting of a local police officer's phone number and address is challenging the 37-year-old state law on First Amendment grounds."Posted at 07:48 PM by Howard Bashman"Bank snafu sets up Gmail privacy clash": Howard Mintz has this article today in The San Jose Mercury News.

If one of Brill's points is that law.com web sites should be more like "Above the Law," it is ironic that for quite some time Google News has been attributing law.com articles to "Above the Law," as the example revealed by clicking here confirms.Posted at 05:50 PM by Howard Bashman

"Hot-Button Education Appeals Pending in Supreme Court": Mark Walsh has this post today at "The School Law Blog" of Education Week.Posted at 05:35 PM by Howard Bashman"Why Brooklyn jury will hear case of threats vs. 3 Illinois judges": The past Sunday's edition of The New York Daily News contained an article that begins, "The country-crossing trial will be held here because Judge Donald Walter granted a defense request to move the trial of radio show host and blogger Harold (Hal) Turner from Chicago. Defense lawyers said Turner couldn't get a fair trial in the same courthouse where the three targeted judges work."

"Talking about the future: Panel discusses bloggers and the First Amendment."This article, in which I am mentioned, appears today in The Parthenon, which is the student newspaper of Marshall University.Posted at 01:50 PM by Howard Bashman

Tuesday, September 22, 2009

"New stamps for 4 Supreme Court justices": The Associated Press has this report.Posted at 08:30 PM by Howard Bashman"Death penalty upheld in ND college student slaying": The Associated Press has a report that begins, "A federal appeals court on Tuesday upheld the death sentence of a convicted rapist for the 2003 kidnapping and killing of a University of North Dakota student in a case that led Minnesota and North Dakota to toughen their sex-offender laws."

"Abercrombie's appeal in MOA autism case thrown out on mail glitch": Today's edition of The Minneapolis Star Tribune contains an article that begins, "Abercrombie & Fitch's appeal of a $115,264 fine for discriminating against a disabled teenage customer was thrown out last week because the company failed to send a document by certified mail."

"Bank Sends Sensitive E-mail to Wrong Gmail Address, Sues Google": At Wired.com's "Threat Level" blog, Kim Zetter has a post that begins, "A Wyoming bank sent an e-mail containing sensitive customer data to the wrong Gmail account, and now wants Google to reveal the identity of the account holder who received the data."

"Court, 4-3, Upholds Paterson's Appointment of Lieutenant Governor": The "City Room" blog of The New York Times has a post that begins, "In a stunning reversal, New York State's highest court on Tuesday upheld Gov. David A. Paterson's authority to appoint a lieutenant governor. Though the decision was divided -- four judges agreed that Mr. Paterson exercised proper authority while three said he did not -- it was unambiguous in its affirmation of the governor's authority."

"First hearings in new British Supreme Court shrouded in secrecy": The Times of London provides this report.Posted at 07:38 AM by Howard Bashman"The Rights of Corporations": Today's edition of The New York Times contains an editorial that begins, "The question at the heart of one of the biggest Supreme Court cases this year is simple: What constitutional rights should corporations have?"

"Former Supreme Court Justice discusses judicial reform in Morgantown": West Virginia Public Broadcasting has a report that begins, "Sandra Day O'Connor attended a meeting about reforming the way West Virginia selects its Supreme Court Justices and other judges."Posted at 11:02 PM by Howard BashmanFemale genital mutilation case produces 5-5 vote on denial of rehearing en banc from the U.S. Court of Appeals for the Fourth Circuit: You can access today's order denying rehearing en banc, and the opinions concurring in and dissenting from that denial, at this link.

"WV Supreme Court set to hear cases in Huntington":This article, in which I am mentioned, appears today in The Herald-Dispatch of Huntington, West Virginia. I'll be traveling to Huntington later today in connection with an event titled "Blogging and the potential limits of the First Amendment," scheduled for tomorrow afternoon. More details about the event can be accessed via this earlier post.

"Complaint against lawyer McKenna winding through R.I. courts while penalties mushroom": The Providence (R.I.) Journal today contains an article about the lawyer who, among other things, "unsuccessfully challenged then-Supreme Court Chief Justice Frank J. Williams' right to lead the judiciary while also sitting on a military review panel set up to hear appeals by detainees at Guantanamo Bay."Posted at 07:40 AM by Howard Bashman"Supreme Court case over firefighter promotion exam tests Westchester firm, founder; When New Haven, Conn., firefighters sued for alleged reverse discrimination, the test designed by Industrial/Organizational Solutions landed in the spotlight":This article appeared yesterday in The Chicago Tribune.Posted at 07:38 AM by Howard Bashman"Supreme Court justice visits School of Law": Today's edition of The Daily Northwestern contains an article that begins, "Trading her black robe for a black shawl, Supreme Court Justice Ruth Bader Ginsburg shared her vast knowledge of American politics and legal lore at Northwestern Law School on Tuesday as part of the Howard J. Trienens Visiting Judicial Scholar program."

"Leaks Questions Slow Reporter Shield Law": Yesterday's edition of The Washington Post contained an article that begins, "A congressional push to enact a federal shield law for journalists is being held up by disagreement with the Justice Department on how to deal with cases that involve leaked national security information, congressional and media sources say."Posted at 03:04 PM by Howard Bashman"US lawyers defend letter of gay marriage ban": Yesterday in The Boston Globe, Jonathan Saltzman and Martin Finucane had an article that begins, "Justice Department lawyers are reluctantly defending a law that bars the federal government from recognizing same-sex marriages, making their legal arguments in a Boston court while pointing out that the Obama administration opposes the measure."Posted at 02:57 PM by Howard Bashman"Battle Looms Over the Patriot Act": Charlie Savage has this article today in The New York Times.Posted at 01:48 PM by Howard Bashman"Marshall University Panel to Ponder Blogging and the 1st Amendment; The discussion will look at when and how the First Amendment applies to people who blog": WVNS-TV 59 of Beckley, West Virginia has this report previewing a panel presentation that I'll be participating in on Tuesday in Huntington, West Virginia.

"Is a second execution attempt cruel and unusual? A lethal-injection team tried for about two hours to find a usable vein, then gave up; Romell Broom, a convicted rapist-murderer, says another try would be unconstitutional." Carol J. Williams has this article today in The Los Angeles Times.Posted at 02:44 PM by Howard Bashman"Governor's prison plan seeks more time to reduce inmate population; Schwarzenegger's proposal is submitted to federal judges Friday evening, only hours before the deadline":This article appears today in The Los Angeles Times.

"Ruling May Weaken Doping Plans in Pro Sports": The New York Times today contains a front page article that begins, "A federal court ruling has jeopardized the National Football League's ability to enforce its drug-testing program and raised significant doubts about the programs of other professional sports in the United States."

"Free Speech Battle Arises From Dog Fighting Videos": Today in The New York Times, Adam Liptak has a front page article that begins, "The next great First Amendment battle in the Supreme Court concerns, of all things, dogfight videos."Posted at 02:20 PM by Howard Bashman

Friday, September 18, 2009

"British woman on Texas death row loses federal appeal": The Houston Chronicle has this news update.

Because the column may be of interest to attorneys who handle appeals in Pennsylvania state courts, I've posted the text of the column at this link.Posted at 12:11 PM by Howard Bashman

D.C. Circuit declares unconstitutional several new Federal Election Commission regulations that restrict how non-profits may spend and raise money to advance their preferred policy positions and political candidates: You can access today's ruling, by a partially divided three-judge panel, at this link.Posted at 10:35 AM by Howard Bashman"SJC OK's secret use of GPS devices; Rules set for police to plant tracking devices in suspect's vehicle":This article appears today in The Boston Globe.

"Burning Man fire victim's suit goes up in smoke": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The state Supreme Court has refused to reinstate a lawsuit by a man who approached the flames at the Burning Man festival and got burned."Posted at 07:55 PM by Howard Bashman"Bonds prosecutors seek to admit tests at trial": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A prosecutor in the Barry Bonds perjury case asked a federal appeals court Thursday to remove the government's biggest obstacle to winning a conviction: the refusal of Bonds' trainer to testify about drug tests that might show the former Giants star lied to a grand jury about steroid use."

"Sotomayor Issues Challenge to a Century of Corporate Law": Jess Bravin will have this article Thursday in The Wall Street Journal.Posted at 09:58 PM by Howard Bashman"No new trial for Texas death row inmate despite Collin County prosecutor's affair with judge": The Dallas Morning News has this update.

"Appeals court sends contractor's case to court": The Associated Press has a report that begins, "The case of a Texas woman who alleges she was gang-raped by co-workers while working for a military contractor in Iraq will go to court instead of arbitration, a federal appeals court ruled Tuesday."

"Judges hear school case on searches": Tuesday's edition of The Newark (N.J.) Star-Ledger contained an article that begins, "In the ongoing struggle to protect students while respecting their privacy, the New Jersey Supreme Court heard arguments yesterday on whether principals may search students' cars when they're suspected of committing a crime."Posted at 08:45 AM by Howard Bashman"Georgia high court considers tort reform law": Bill Rankin has this article today in The Atlanta Journal-Constitution.

"FCC to take another look at Janet Jackson case": Reuters has a report that begins, "The U.S. Federal Communications Commission said on Tuesday the agency will review the incident involving a fleeting glimpse of pop singer Jane Jackson's breast during the 2004 American football championship."

"Gableman ethics case hinges on defining lie; Panel will recommend dismissal of case or discipline of judge": The Milwaukee Journal Sentinel has an article that begins, "The ethics case of state Supreme Court Justice Michael Gableman comes down to what constitutes a lie. Gableman is accused of lying about his opponent, then-Justice Louis Butler Jr., in a March 2008 TV ad. Gableman contends his ad was truthful and that under the First Amendment he can't be held liable for incorrect inferences viewers might have taken from the ad."Posted at 08:30 AM by Howard Bashman"Ignoring a Law on Foreign Relations": Today in The New York Times, Charlie Savage has an article that begins, "The Justice Department has declared that President Obama can disregard a law forbidding State Department officials from attending United Nations meetings led by representatives of nations considered to be sponsors of terrorism."

"Microsoft, i4i Readying Fast-Track Appeal": Mary Alice Robbins of Texas Lawyer has an article that begins, "Imagine preparing for an appeal of a $290 million judgment in a patent infringement case that requires an understanding of highly technical terms and concepts. Now imagine drafting briefs and getting ready to argue the case in about a month's time."Posted at 07:44 AM by Howard Bashman

"Finance Case Renews Focus on Precedent: Roberts, Alito Pledged Deference; Activists After All?" Lawrence Hurley had this article yesterday in The Daily Journal of California.Posted at 05:45 PM by Howard Bashman"Are Ex-Bush Officials Liable For Post-Sept. 11 Acts?":This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."Posted at 05:02 PM by Howard BashmanIn the news, and in Huntington, West Virginia one week from today: Today's edition of The Herald-Dispatch of Huntington, West Virginia contains an article headlined "Marshall marking Constitution Week" in which I am mentioned.

"US appeals court upholds ban on Roche's anemia drug": Reuters has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.Posted at 04:30 PM by Howard Bashman"D.C. Circuit Orders Guantanamo Hearing Closed to Public": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."Posted at 03:24 PM by Howard BashmanCockle Law Brief Printing Company launches "Cockle Blog": You can access this new blog from one of the major printers of U.S. Supreme Court briefs by clicking here.Posted at 03:20 PM by Howard Bashman"Coming Soon: Supreme Court Postage Stamps." Tony Mauro has this post at "The BLT: The Blog of Legal Times."Posted at 03:17 PM by Howard Bashman"Judiciary Approves Free Access to Judges' Workload Reports; Courtroom Sharing for Magistrate Judges": The Administrative Office of the U.S. Courts issued this news release today.Posted at 03:14 PM by Howard Bashman"Va. Judge Nominated For Appeals Court; Alexandria Woman Is a Trailblazer": Today in The Washington Post, Tom Jackman has an article that begins, "Virginia Supreme Court Justice Barbara Milano Keenan, a longtime Northern Virginian who has served at every level of the Virginia judiciary, was nominated by President Obama on Monday to serve on the U.S. Court of Appeals for the Fourth Circuit."

"A Revealing Term: What difference will a 'wise Latina' make? And other questions." Law professor Jonathan H. Adler has this essay today at National Review Online.Posted at 08:50 PM by Howard Bashman"How Liberals Can Win by Losing at the Roberts Court: Three strategies for turning a defeat into a (relative) victory." Law professor Richard L. Hasen (author of the "Election Law" blog) has this jurisprudence essay online at Slate.Posted at 05:23 PM by Howard Bashman"The Trial of John Roberts": In yesterday's edition of The New York Times, law professor Jeffrey Rosen had an op-ed that begins, "Four years ago, when John Roberts became chief justice of the United States, he said that he hoped to emulate the modesty and unanimity of his greatest predecessor, John Marshall. But if Chief Justice Roberts presides over a broad, ideologically divided ruling in a campaign finance case the court heard last week, he risks being remembered instead as a conservative Earl Warren."Posted at 09:45 AM by Howard Bashman"Changing political money: There's a middle ground open to the Supreme Court in a key case on corporate/union campaign speech."This editorial appears today in The Los Angeles Times.Posted at 07:42 AM by Howard Bashman"Nahmias adds conservative voice to Ga. high court; Prosecutor replaces a liberal jurist Sears": Bill Rankin has this article today in The Atlanta Journal-Constitution.Posted at 07:38 AM by Howard Bashman"Bench Press: Obama and judicial restraint." Jeffrey Toobin has this "Annals of Law" article in the September 21, 2009 issue of The New Yorker.Posted at 07:18 AM by Howard Bashman

Sunday, September 13, 2009

"Va. seeks November execution for DC-area sniper": The Associated Press has this report.Posted at 08:50 AM by Howard Bashman"Taking On The Book Banners": In The Washington Post today, columnist George F. Will has an op-ed that begins, "Last March, during the Supreme Court argument concerning the Federal Election Commission's banning of a political movie, several justices were aghast. Suddenly and belatedly they saw the abyss that could swallow the First Amendment."Posted at 08:47 AM by Howard Bashman"Senate Weighs New Shield Law; Reporters Would Have to Disclose Information in Special Cases": Today's edition of The Washington Post contains an article that begins, "The Senate Judiciary Committee this week will take up a new version of a reporter shield law."Posted at 08:45 AM by Howard Bashman"Law used to indict Blagojevich challenged as vague": The Associated Press has a report that begins, "Among the corruption charges faced by former Illinois Gov. Rod Blagojevich is a statute of just 28 words with enough pop to send big names to prison for corruption, but it's under attack by those who consider it vague and unfair."Posted at 08:42 AM by Howard Bashman

Saturday, September 12, 2009

"Jailhouse calls are not private, SJC rules; Conversations can be subpoenaed": Today's edition of The Boston Globe contains an article that begins, "In a 4-to-3 decision that could have a sweeping impact on grand jury investigations and prisoner privacy, the state's highest court ruled yesterday that prosecutors may subpoena recordings of telephone calls made from jail by inmates and people who are being held while awaiting trial."

"Legal Battle Plays Out: Online Attitude vs. Rules of the Bar." John Schwartz will have this interesting article Sunday in The New York Times.Posted at 05:18 PM by Howard Bashman"Blogger's pot case fires up fed judge": Today's edition of The Boston Herald contains an article that begins, "A federal judge was fuming yesterday over the case of left-leaning political blogger Andrew M. Sullivan, who was busted by park rangers on a Cape Cod national beach for pot possession on July 13, only to have the federal charges tossed by prosecutors."

"U.S. Supreme Court says California cannot delay prison plan; A proposal to reduce overcrowding must be submitted by the end of next week":This article appears today in The Los Angeles Times.

And today in The San Jose Mercury News, Howard Mintz has an article headlined "Prison on the brink" that begins, "It's nearing noon inside the central wing of the California Institution for Men, and it's not hard to find evidence of how this has become Exhibit A in California's prison crisis."Posted at 04:55 PM by Howard Bashman

"Lawyers' Sanctions Lifted, but 3rd Circuit Judge Delivers Lecture; Case has been a cause celebre among defense lawyers who contend the four sanctioned lawyers had been unfairly targeted for using common legal tactics": Shannon P Duffy will have this article Monday in The Legal Intelligencer.

"Prosecution Faces Skeptical Judge in Robert Wone Case": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."Posted at 06:20 PM by Howard Bashman"Appeals Court Throws Out $358M Verdict Vs Microsoft": Brent Kendall of Dow Jones Newswires has this report.

"Kevin, Pat Williams can play this season; The appeals court affirmed U.S. District Judge Paul Magnuson's rulings in the banned-substance case involving the players": The Mineapolis Star Tribune has this news update.

"Divided Appeals Court Rules in Favor of Abu Ghraib Contractors": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "A sharply divided federal appeals court in Washington today ruled against a group of Iraqi nationals who are suing two government contractors for alleged torture at the Abu Ghraib detention facility."

Gone but not entirely forgotten: While I was away on vacation in late August and early September 2009, I somehow still managed to get quoted in two separate appellate-related articles that published in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

"Caltech student's arson convictions overturned; Citing his Asperger's syndrome, a federal court also vacates the sentence of William Cottrell, who was convicted in 2004 of conspiracy and arson for vandalizing 125 SUVs in an environmental protest": Carol J. Williams has this article today in The Los Angeles Times.

According to the article, "The 9th Circuit panel had initially upheld Cottrell's arson convictions in February, nearly three years after hearing appeal arguments. But on Thursday, a copy of the panel's 'amended memorandum' arrived in the mail at the Pasadena office of Marvin Rudnick, one of Cottrell's defense attorneys. Rudnick said he was surprised and baffled by the unusual means of informing his client of the significantly revised decision. The eight-page document was marked 'not for publication.'"

"Arguments begin in appeal of dismissal of jury verdict in R.I. smoke shop raid": Yesterday's edition of The Providence (R.I.) Journal contained this article.Posted at 08:00 AM by Howard Bashman"U.S. Sentencing Commission Urged to Give Judges More Flexibility":This article appears today in The Washington Post.Posted at 07:55 AM by Howard Bashman"Detainee Files Emergency Writ to Halt Hearings; Defense Team Asks Appeals Court to Find Military Commission Unconstitutional": Today's edition of The Washington Post contains an article that begins, "Military attorneys for Ramzi Binalshibh, an alleged conspirator in the Sept. 11 attacks, have filed an emergency writ with a federal court in an attempt to stop hearings in their client's case at a military commission at Guantanamo Bay."

Fifth Circuit rejects constitutional challenge to the "immoral purpose" aspect of a federal statute that makes criminal "[t]he importation into the United States of any alien for the purpose of prostitution, or for any other immoral purpose": You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.Posted at 08:00 PM by Howard Bashman"[W]e conclude that the retroactive application of SORNA's juvenile registration and reporting requirement violates the Ex Post Facto Clause of the United States Constitution." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today, striking down as unconstitutional a portion of the federal law known as the Sex Offender Registration and Notification Act of 2006.

"S.F. ban on tobacco in drugstores survives": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "San Francisco can enforce its ban on tobacco sales in drugstores, a federal appeals court ruled Wednesday, rejecting a free-speech argument by tobacco giant Philip Morris."

"Prospective jurors don't want any part of Junior Gotti's upcoming trial":This article appears today in The New York Daily News.Posted at 07:45 AM by Howard Bashman"Madoff's Sentencing Judge to Be Appellate Court Choice": Today's edition of The New York Times contains an article that begins, "Denny Chin, a federal district judge in Manhattan who has been involved in a number of prominent decisions, including the sentencing of Bernard L. Madoff to 150 years in prison for his huge Ponzi scheme, is expected to be nominated by the White House for a prestigious appellate judgeship in New York, according to the office of Senator Charles E. Schumer."

"Sentences for Possession of Child Porn May Be Too High, Judges Say": law.com has this report.

According to the article, "7th Circuit Chief Judge Frank Easterbrook, who testified with a separate group of appellate judges, agreed that the child pornography possession area might be ripe for review. He said it gives him pause when he sifts through a stack of sentences that includes a bank robber getting a 10-month sentence and a person convicted of downloading child pornography receiving a 480-month sentence."Posted at 07:38 AM by Howard Bashman

"The Supreme Court wrestled on Wednesday with whether to allow corporations and labor unions to pay for political campaigns and end a century of legislative efforts to curb such spending." So begins this report from Mark Sherman and Pete Yost of The Associated Press.

"Appeals court rules judge coerced verdict": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The judge in a Sacramento sexual assault trial improperly tipped the scales toward guilt by telling a deadlocked jury to focus on evidence that turned out to support the prosecution's case, a federal appeals court ruled Tuesday."

"Arizona court: Drug laws trump religious use of marijuana." Howard Fischer of The Arizona Daily Star has a news update that begins, "The state's interest in banning marijuana outweighs the religious beliefs of an individual that he is entitled to use the drug anywhere, the Arizona Supreme Court ruled today."

"Court upholds ban on hymn at Wash. graduation": The Associated Press has a report that begins, "Barring an instrumental performance of a Christian hymn at a high school graduation did not violate students' First Amendment rights and was within the school superintendent's discretion, a divided federal appeals panel ruled Tuesday."

"Appeals court upholds lobbying disclosure law": The Associated Press has a report that begins, "A federal appeals court on Tuesday upheld a 2007 law that requires trade associations to disclose their members who contribute to lobbying activities."

"Judging's A Lot More Than Balls And Strikes": Today in The Hartford Courant, Senior Second Circuit Judge Jon O. Newman has an op-ed that begins, "As Justice Sonia Sotomayor prepares to join Chief Justice John G. Roberts Jr. to hear her first Supreme Court argument Wednesday, this is an appropriate time to point out that in their confirmation hearings both of them offered incomplete and, as a result, somewhat misleading descriptions when asked about a judge's role."Posted at 09:54 AM by Howard Bashman"The Chance for a Free Speech Do-Over: Will the Supreme Court finally overturn McCain-Feingold and enforce the First Amendment?" Theodore B. Olson has this op-ed today in The Wall Street Journal.

"Hillary: The Law Changer; Unusual pre-term rehearing may reshape campaign finance laws." David G. Savage has this article in the September 2009 issue of The ABA Journal magazine.Posted at 08:54 PM by Howard Bashman"Safeguarding History: Why the records of Supreme Court justices should be governed by rules -- not individuals."This editorial appears today in The Washington Post.Posted at 08:42 PM by Howard Bashman"Gun Owners' Next Victory in D.C." Robert A. Levy has this op-ed today in The Washington Post.Posted at 08:40 PM by Howard BashmanPittsburgh Pirates 6, St. Louis Cardinals 5: Our six-day baseball-related road trip concluded in Pittsburgh this afternoon on a very exciting note, as the hometown Pirates ralled for two runs in the bottom of the ninth inning to beat the National League central division-leading Cardinals and snap a nine-game losing streak. In addition, during Cardinals batting practice, I had the pleasure of catching a home run ball on the fly in section 143 in right field, above the out-of-town scoreboard. PNC Park is a wonderful place to watch a baseball game, and our seats were behind home plate in section 115. During the game, two people seated nearby in our row also snagged baseballs that had been fouled back into the crowd.

"Hillary movie puts campaign finance limits at risk": Jesse J. Holland and Mark Sherman of The Associated Press have this report.Posted at 01:42 PM by Howard Bashman"Not Innocent Enough: The elusive search for the sufficiently innocent death-row victim." Dahlia Lithwick has this jurisprudence essay online at Slate.Posted at 01:40 PM by Howard Bashman"Argument preview: Corporations in politics." Lyle Denniston has this lengthy post at "SCOTUSblog."Posted at 08:17 AM by Howard Bashman"Bail denied in appeals by Simpson, Stewart": The Las Vegas Review-Journal today contains an article that begins, "The Nevada Supreme Court Friday denied motions for bail from O.J. Simpson and his co-defendant while they appeal their convictions for kidnapping and armed robbery."

"Federal court ruling would let city's adult shops run 24/7; Judges: City must show a compelling reason for ordinance that restricts businesses' hours, days." Today's edition of The Indianapolis Star contains an article that begins, "Adult businesses selling books, movies and sex paraphernalia in Indianapolis will be able to open on Sundays -- and 24 hours a day -- unless the city can prove there is some compelling reason why it is singling out that particular day and particular hours. A federal appeals court ruling issued Thursday casts serious doubts on the future of key parts of a 2003 city ordinance that more strictly regulates 'adult entertainment businesses' in Indianapolis."

"Ashcroft can be sued over arrests, appeals court rules; A 9th Circuit panel says the ex-attorney general violated the rights of citizens held as material witnesses without cause after 9/11; Rights advocates praise the ruling in Abdullah Kidd's case": Carol J. Williams has this article today in The Los Angeles Times.

"Want a Wiretap Warrant? No Problem, Court Says." At Wired.com's "Threat Leval" blog, David Kravets has this post about a ruling that the U.S. Court of Appeals for the Second Circuit issued on Monday.Posted at 09:54 AM by Howard Bashman"Court: Microsoft OK to sell Word during appeal." The Associated Press has a report that begins, "The U.S. Appeals Court for the Federal Circuit says Microsoft Corp. can keep selling its Word desktop software as it appeals an unfavorable patent ruling."

"State Supreme Court: Parents can keep cars used by drug dealing son; The state Supreme Court ruled today that parents must know for certain that their children are using their cars to deal drugs before the authorities can seize those cars."This article appears today in The Seattle Times.

Following Tuesday night's game in Williamsport, Pennsylvania, Scrappers left fielder Jason Kipnis recommended that we visit the Eastwood Mall (on whose property Eastwood Field is located) before tonight's game. Because our seats were first row field level at first base, we were able to thank Jason for his recommendation before game one began this evening. Before the start of the second game, my son was able to get the signature of Scrappers manager Travis Fryman. And thanks to game one's first base umpire Brian DeBrauwere (who umped home plate for the second game of tonight's doubleheader) for tossing me a baseball at the conclusion of the first game in recognition of the MLB umpire hat I was wearing.

"Idaho court won't remove pre-Nazi swastika tiles": The Associated Press has a report that begins, "Images of red swastikas built into tiles in the early 1920s in the Bonneville County Courthouse won't be removed during a remodel of the building, officials said."Posted at 02:14 PM by Howard Bashman"Obama takes stand for secrecy, executive power": At his "Under the Radar" blog at Politico.com, Josh Gerstein today has a post that begins, "President Barack Obama's administration is escalating a legal showdown which has the Justice Department defending official secrecy and executive power with arguments more associated with former Vice President Dick Cheney than the White House's newest occupants."Posted at 08:22 AM by Howard Bashman"Taking their chances on poker's legality: Is Texas Hold 'Em about the luck of the draw, or the skill of the player? The question is being played out in courts around the country."This article appears today in The Los Angeles Times.

"Speculation rises that Supreme Court Justice Stevens will retire; John Paul Stevens, who will turn 90 next year, has hired only one clerk for the 2010 term; That could be a tipoff that he plans to retire before then, although he has not said he will": David G. Savage has this article today in The Los Angeles Times.Posted at 07:32 AM by Howard Bashman"Justices to Revisit Campaign Finance": Jess Bravin and T.W. Farnam have this article today in The Wall Street Journal.Posted at 07:18 AM by Howard Bashman

Wednesday, September 2, 2009

"Broken-Nosed Fan Assumed Injury Risk During Pregame Warm-Up, N.Y. Judge Finds": law.com has an article that begins, "Every baseball fan -- or at least every attorney who follows baseball -- knows that under the doctrine of assumption of the risk a team is not liable for fans injured by, say, foul balls or broken bats." You can access the court's ruling at this link.Posted at 11:27 PM by Howard Bashman"Justice Stevens Hires Just One Clerk for 2010 Term": Robert Barnes will have this article Thursday in The Washington Post.

Where the parties to a lawsuit reach a post-verdict settlement after a jury has awarded punitive damages on a claim governed by Oregon law, must the State of Oregon's consent to the settlement be obtained before the court can approve the settlement? Today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit certified that question of Oregon law for resolution by the Supreme Court of Oregon. You can access today's Ninth Circuit order at this link.

The question arises because, under Oregon law, the State of Oregon is entitled to recover sixty percent of any punitive damages awarded under Oregon law, even if the lawsuit involves only private (non-governmental) parties.Posted at 03:50 PM by Howard Bashman

"In Staff Move by Justice Stevens, Some See Signal": In Thursday's edition of The New York Times, Adam Liptak will have an article that begins, "Justice John Paul Stevens has so far hired just one law clerk for the Supreme Court term starting in October 2010, a court spokeswoman confirmed on Wednesday. That may be an indication that Justice Stevens, 89, is considering retiring next year."Posted at 03:30 PM by Howard Bashman"Feds ask appeals court to stay drug decision": The Associated Press has a report that begins, "Arguing the evidence may be destroyed, federal prosecutors have asked an appeals court to stay its decision that government agents illegally seized drug testing records and samples of more than 100 baseball players."Posted at 07:42 AM by Howard Bashman"Justice Stevens slows his hiring at high court": Mark Sherman of The Associated Press has an article that begins, "Supreme Court Justice John Paul Stevens has hired fewer law clerks than usual, generating speculation that the leader of the court's liberals will retire next year."Posted at 07:40 AM by Howard Bashman"State wants to appeal prison-crowding order to U.S. high court": Denny Walsh has this front page article today in The Sacramento Bee.

"Californians' support for death penalty waning; A survey shows public support has dropped from 79% to 66%, as fears of executing the wrongly convicted escalate": Carol J. Williams has this article today in The Los Angeles Times.Posted at 07:30 AM by Howard Bashman"C.I.A. Resists Disclosure of Records on Detention":This article appears today in The New York Times.Posted at 07:28 AM by Howard Bashman

We had great seats five rows from the field near third base. The Crosscutters players were all very friendly and willing to sign autographs for all seekers before the game. You can learn more about historic Bowman Field and see plenty of photographs at this link.

"Corruption convictions against Inzunza upheld": Greg Moran of The San Diego Union-Tribune has a news update that begins, "The Ninth U.S. Circuit Court of Appeals on Tuesday morning upheld the convictions on federal corruption charges of former San Diego City Councilman Ralph Inzunza. The court also upheld the acquittals of former Councilman Michael Zucchet."

According to the article, "A jury convicted both men in July 2005 on charges of trying to relax a city law that banned touching between dancers and customers at strip clubs, a change that would have allowed the clubs to make more money. Prosecutors said that effort was done in exchange for cash and campaign contributions."

"Woman alleging firefighter assault can't sue city": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A photographer who said she was sexually assaulted by two Sacramento firefighters at the Porn Star Costume Ball in 2004 can't hold the city responsible, a state appeals court says."

"Judge rules Kuwaiti at Guantanamo was foot soldier": Carol Rosenberg of The Miami Herald has a news update that begins, "A federal judge has upheld the military detention of a Kuwaiti man whose lawyers were among the earliest and most persistent challengers of President George W. Bush's right to lock him up as an enemy combatant at Guantanamo Bay, Cuba."

"Court: Former Duke lacrosse coach can pursue lawsuit." The News & Observer of Raleigh, North Carolina has a news update that begins, "The state Court of Appeals ruled today that Mike Pressler, the former Duke University lacrosse coach, could pursue his claims of slander and libel against his former employer in the courtroom."